Gavin Howe
International humanitarian law (IHL) and international human rights law are two distinct but complementary bodies of law. While they share some of the same aims, they differ in formulation and the specific areas they govern. Human rights law is a set of international rules established by treaty or custom, which individuals and groups can expect and/or claim as rights that must be respected and protected by their states. On the other hand, IHL deals with the conduct of hostilities and the responsibilities of states and non-state armed groups during armed conflict, aiming to limit the effects of war and protect those not involved in the fighting.
| Characteristics | Values |
|---|---|
| Scope | International humanitarian law (IHL) deals with issues like the status of combatants and prisoners of war, protection of specific emblems, and legality of weapons. Human rights law covers freedom of the press, the right to assemble, vote, and strike. |
| Application | IHL applies specifically during armed conflict or occupation. Human rights law applies at all times, holding states accountable for protecting the rights of people within their jurisdiction. |
| Use of Force | IHL acknowledges the inherent use of lethal force in armed conflict. Human rights law does not address the decision to use force but governs the use of force in different contexts, such as law enforcement or detention. |
| Shared Principles | Both IHL and human rights law aim to protect life, health, and dignity. They share prohibitions on torture, cruel treatment, discrimination, and regulations on the right to food and health. |
| Treaty Basis | Human rights law is primarily established by treaties or customs, creating enforceable rights and obligations. IHL is increasingly based on international customary law but also has treaty-based provisions. |
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What You'll Learn
- International humanitarian law (IHL) governs the conduct of armed conflict and military occupation
- Human rights law deals with freedom of the press, the right to assemble, vote, strike, etc
- IHL deals with the status of combatants and prisoners of war
- Human rights law is established by treaty or custom, outlining rights that must be respected and protected by states
- IHL is distinct from the law that governs the decision to use force
International humanitarian law (IHL) governs the conduct of armed conflict and military occupation
International humanitarian law (IHL) and international human rights law are distinct but complementary bodies of law. They share some of the same goals, such as protecting the lives, health, and dignity of individuals. However, they approach these goals from different angles, and their rules and applications differ.
IHL, also known as the law of war or jus in bello, governs the conduct of armed conflict and military occupation. It comprises a set of rules established by treaty or custom that seek to protect persons and property/objects affected by armed conflict. IHL defines the conduct and responsibilities of belligerent nations, neutral nations, and individuals engaged in warfare, including non-combatants. It is designed to balance humanitarian concerns with military necessity, limiting the destructive effects of warfare and alleviating human suffering. While it does not take a position on the legality or legitimacy of war, it regulates the means and methods of warfare, including the use of specific weapons. It also addresses the status of combatants, prisoners of war, and the protection of humanitarian emblems like the Red Cross and Red Crescent.
IHL aims to protect civilians from the effects of military operations through the principle of distinction, which requires parties to distinguish between combatants and military objectives and civilian populations and objects. This principle prohibits attacks directed against civilians and imposes limits on attacks on military objectives if the expected civilian harm is excessive compared to the anticipated military advantage (principle of proportionality).
IHL has historical roots in the Law of The Hague and the Law of Geneva, stemming from international conferences in these cities that produced treaties such as the Hague Conventions of 1899 and 1907 and the Geneva Conventions, the first of which was drawn up in 1863. The Geneva Conventions, in particular, are foundational to IHL, focusing on the protection of civilians in conflict. The most significant antecedent of IHL is the 1820 Armistice Agreement and Regularization of War between Great Colombia and the Spanish Crown.
IHL faces challenges, including increasing violations and the risk of attacks on humanitarians and medical workers. Critics also argue that IHL can facilitate violence against civilians when belligerents interpret its rules permissively. Despite these challenges, the EU and other organizations actively promote compliance with IHL through guidelines, advocacy, and dialogue.
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Human rights law deals with freedom of the press, the right to assemble, vote, strike, etc
Human rights law and international humanitarian law (IHL) are distinct but complementary bodies of law that share some of the same aims. While IHL deals with issues such as the status of 'combatants' and 'prisoners of war', human rights law deals with aspects of life that are not regulated by IHL, such as freedom of the press, the right to assemble, vote, and strike.
Human rights law is a set of international rules, established by treaty or custom, on the basis of which individuals and groups can expect and/or claim certain rights that must be respected and protected by their states. The right to freedom of expression, which includes freedom of the press, is a fundamental human right that is recognised in many international treaties and declarations, such as the First Amendment to the Constitution of the United States and Article 19 of the ICCPR. This right is essential for ensuring the full enjoyment of other rights, such as the right to vote, and for holding the powerful to account.
The right to freedom of assembly, which includes the right to take part in peaceful demonstrations or public meetings, is another important human right that is recognised in international law. This right is often under attack by governments that want to stifle criticism, and individuals who exercise this right may be subjected to surveillance, harassment, or even arrest and detention. In 2019, for example, Amnesty International reported a sharp increase in the number of prisoners of conscience unjustly jailed across Vietnam, many of whom were engaged in peaceful activism.
The right to vote is also protected by human rights law. This right is often exercised in conjunction with the right to freedom of expression, as citizens participate in public affairs by exerting influence through public debate and dialogue with their representatives. The free communication of information and ideas about public and political issues between citizens, candidates, and elected representatives is essential for ensuring the full enjoyment of the right to vote.
The right to strike is recognised as a fundamental human right in many international treaties and conventions, such as the International Covenant on Civil and Political Rights and the European Convention on Human Rights. This right is often exercised as a form of freedom of expression and assembly, as workers come together to peacefully demonstrate and make their voices heard on issues that affect them.
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IHL deals with the status of combatants and prisoners of war
International humanitarian law (IHL) and human rights law are distinct but complementary bodies of law. While there are areas governed by both, IHL deals with several issues outside the purview of human rights law, including the status of combatants and prisoners of war.
IHL outlines the rights and protections afforded to prisoners of war (POWs), which are detailed in the Third Geneva Convention and the Fourth Geneva Convention of 1949, as well as Additional Protocol I of 1977. POWs are typically members of the armed forces who fall into the hands of the opposing party during an international armed conflict. They must be treated humanely at all times and are protected against acts of violence, intimidation, insults, and public curiosity. Their detention is not punitive but instead serves to prevent further participation in the conflict, and they must be released and repatriated without delay once hostilities cease.
The status of combatants and prisoners of war is also addressed in Additional Protocol I. It specifies that individuals who take part in hostilities and are captured by an adverse party are presumed to be prisoners of war and protected by the Third Geneva Convention. The protocol further stipulates that only a competent tribunal can determine an individual's status as a prisoner of war, and administrative or military authorities do not have jurisdiction in this matter.
Additional Protocol I also addresses the exclusion from prisoner-of-war status, guaranteeing certain rights and protections for combatants. It states that spies and mercenaries do not qualify for prisoner-of-war status but are still entitled to fundamental guarantees and cannot be condemned without a judicial process.
IHL requires combatants to comply with the rules of humanitarian law, and they are individually responsible for their actions, even if acting under orders. Military commanders are also held criminally responsible for the acts of their subordinates, whom they are obligated to control and prevent from committing war crimes.
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Human rights law is established by treaty or custom, outlining rights that must be respected and protected by states
Human rights law is a set of international rules established by treaty or custom, outlining rights that must be respected and protected by states. These rights are held by individuals and groups, who can expect and claim them. The treaties are supervised by human rights bodies, such as the Human Rights Committee for the International Covenant on Civil and Political Rights and the European Court of Human Rights for the European Convention.
The main treaties of human rights law include universal instruments, such as the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (1999), and the Convention on the Rights of Persons with Disabilities (2006). There are also regional treaties, such as the African Charter on Human and Peoples' Rights (1981).
Human rights law also includes non-treaty-based principles and guidelines, known as 'soft law'. These outline rights that are not yet widely recognised or agreed upon by states but are still important in shaping international standards.
Human rights law deals with a range of civil and political rights, such as the freedom of the press, the right to assembly, the right to vote, and the right to strike. These rights must be respected and protected by states at all times, even during armed conflict or occupation.
In contrast, international humanitarian law (IHL) governs the conduct of armed conflict and military occupation. IHL deals with issues such as the status of combatants and prisoners of war, the protection of specific emblems (like the Red Cross), and the legality of certain weapons. IHL is distinct from human rights law, but the two bodies of law are complementary and share some of the same aims, such as protecting life, health, and dignity.
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IHL is distinct from the law that governs the decision to use force
International humanitarian law (IHL) and international human rights law are two distinct but complementary bodies of law. They are both concerned with the protection of life, health, and dignity. However, they have developed in their separate ways, with IHL dealing with issues such as the status of 'combatants' and 'prisoners of war', the protection of the Red Cross and Red Crescent emblems, and the legality of specific weapons. On the other hand, human rights law focuses on aspects of life that are not regulated by IHL, such as freedom of the press, the right to assembly, the right to vote, and the right to strike.
IHL, on the other hand, governs the conduct of hostilities and is applicable once the decision to use force has been made. It is also known as jus in bello or the law of armed conflict. IHL applies to all parties involved in an armed conflict, including states and non-state armed groups. It sets out rules for the protection of civilians and combatants, such as the prohibition on taking hostages and using "human shields". IHL also requires parties to distinguish between civilian persons and objects and military objectives, although it recognises that damage to civilians and civilian objects may occur during attacks on legitimate military objectives.
Furthermore, IHL governs military occupation, where a state has effective control over a territory without consent. In such cases, the occupying power must ensure the humane treatment of the population and provide for their basic needs, including food, water, and medical care. IHL also applies to situations of detention, which may be governed differently or contradictorily by human rights law.
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Frequently asked questions
Humanitarian law, or IHL (International Humanitarian Law), is a set of rules that seek to limit the effects of armed conflict. It deals with issues such as the status of 'combatants' and 'prisoners of war', the protection of the red cross and red crescent emblems, and the legality of specific kinds of weapons. Human rights law, on the other hand, is a set of international rules, established by treaty or custom, on the basis of which individuals and groups can expect and/or claim certain rights that must be respected and protected by their states. Human rights law deals with aspects of life such as freedom of the press, the right to assemble, vote, and strike.
Both IHL and human rights law are complementary bodies of international law that share some of the same aims. They both strive to protect the lives, health, and dignity of individuals, albeit from different angles. For example, both IHL and human rights law prohibit torture or cruel treatment, discrimination, and contain provisions for the protection of women and children.
The laws of war, or IHL, apply during armed conflict or occupation. Other laws, such as international human rights law, apply at all times, governing the duties of all states to protect the rights of the people in the territory over which they have jurisdiction or control.
The rules of law are non-reciprocal, meaning they apply irrespective of what the other side has done. Violations of IHL, such as deliberately targeting civilians or imposing collective punishment, can never be justified by claiming that another party has committed violations.
